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A personal loan agreement is a legally binding contract that defines the expectations for both a borrower and a lender. It can be drawn up with an official lender, like a bank or credit union, or used in a more informal situation, such as with a friend who's lending you an amount of money.
Although it is legally enforceable, a promissory note is less formal than a loan agreement and is suitable where smaller sums of money are involved. However, its terms - which can include a specific date of repayment, interest rate and repayment schedule - are more certain than those of an IOU.
What to include in your loan agreement? The amount of the loan, also known as the principal amount. The date of the creation of the loan agreement. The name, address, and contact information of the borrower. The name, address, and contact information of the lender.
Categorizing loan agreements by type of facility usually results in two primary categories: term loans, which are repaid in set installments over the term, or. revolving loans (or overdrafts) where up to a maximum amount can be withdrawn at any time, and interest is paid from month to month on the drawn amount.
You can write up a personal loan agreement by hand, with pen and paper, or draft it on your computer. Once the document looks good, it can be printed out and signed by both parties.
First and foremost, understand that personal loan agreements fall into the classification of contracts. Technically, you don't have to notarize these documents. But if you want to make this document legally binding, then notarization is the best course of action.
All loan agreements must specify general terms that define the legal obligations of each party. For instance, the terms regarding repayment schedule, default or contract breach, interest rate, loan security, as well as collateral offered, must be clearly outlined.
There are 10 basic provisions that should be in a loan agreement. Identity of the parties. The names of the lender and borrower need to be stated. ... Date of the agreement. ... Interest rate. ... Repayment terms. ... Default provisions. ... Signatures. ... Choice of law. ... Severability.